Copyright Modernization Act (S.C. 2012, c. 20)
Full Document:
Assented to 2012-06-29
48. Section 42 of the Act is amended by adding the following after subsection (3):
Marginal note:Circumvention of technological protection measure
(3.1) Every person, except a person who is acting on behalf of a library, archive or museum or an educational institution, is guilty of an offence who knowingly and for commercial purposes contravenes section 41.1 and is liable
(a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years or to both; or
(b) on summary conviction, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding six months or to both.
49. The Act is amended by adding the following after section 43:
Limitation or Prescription Period
Marginal note:Limitation or prescription period for civil remedies
43.1 (1) Subject to subsection (2), a court may award a remedy for any act or omission that has been done contrary to this Act only if
(a) the proceedings for the act or omission giving rise to a remedy are commenced within three years after it occurred, in the case where the plaintiff knew, or could reasonably have been expected to know, of the act or omission at the time it occurred; or
(b) the proceedings for the act or omission giving rise to a remedy are commenced within three years after the time when the plaintiff first knew of it, or could reasonably have been expected to know of it, in the case where the plaintiff did not know, and could not reasonably have been expected to know, of the act or omission at the time it occurred.
Marginal note:Restriction
(2) The court shall apply the limitation or prescription period set out in paragraph (1)(a) or (b) only in respect of a party who pleads a limitation period.
Marginal note:1997, c. 24, s. 34(1)
50. Subsection 58(1) of the Act is replaced by the following:
Marginal note:Execution of instruments
58. (1) Any assignment of a copyright, or any licence granting an interest in a copyright, may be executed, subscribed or acknowledged at any place in a treaty country, a Rome Convention country or a WPPT country by the assignor, licensor or secured or hypothecary debtor, before any notary public, commissioner or other official, or the judge of any court, who is authorized by law to administer oaths or certify documents in that place and who also subscribes their signature and affixes to, or impresses on, the assignment or licence their official seal or the seal of the court of which they are a judge.
Marginal note:1997, c. 24, s. 37(2)
51. Paragraphs 62(1)(a) and (b) of the Act are replaced by the following:
(a) for the purposes of paragraph 30.01(6)(d), respecting measures, which may vary according to circumstances specified in the regulations;
(b) for the purposes of paragraph 30.02(3)(d), respecting measures, which may vary according to circumstances specified in the regulations;
(c) prescribing the form of a notice of claimed infringement referred to in subsection 41.25(2) and prescribing information to be contained in it;
(d) prescribing anything that by this Act is to be prescribed by regulation; and
(e) generally for carrying out the purposes and provisions of this Act.
Marginal note:1997, c. 24, s. 45; 2001, c. 34, s. 35(E)
52. Subsection 67.1(4) of the Act is replaced by the following:
Marginal note:Prohibition of enforcement
(4) If a proposed tariff is not filed with respect to the work, performer’s performance or sound recording in question, no action may be commenced, without the written consent of the Minister, for
(a) the infringement of the rights, referred to in section 3, to perform a work in public or to communicate it to the public by telecommunication;
(b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or
(c) the recovery of royalties referred to in section 19.
Marginal note:1997, c. 24, s. 45
53. Subparagraph 68(2)(a)(i) of the Act is replaced by the following:
(i) the tariff applies in respect of performer’s performances and sound recordings only in the situations referred to in the provisions of section 20 other than subsections 20(3) and (4),
Marginal note:1997, c. 24, s. 45
54. Subsection 68.2(2) of the Act is replaced by the following:
Marginal note:Proceedings barred if royalties tendered or paid
(2) No proceedings may be brought against a person who has paid or offered to pay the royalties specified in an approved tariff for
(a) the infringement of the right to perform in public or the right to communicate to the public by telecommunication, referred to in section 3;
(b) the infringement of the rights referred to in paragraph 15(1.1)(d) or 18(1.1)(a); or
(c) the recovery of royalties referred to in section 19.
Marginal note:1997, c. 24, s. 50
55. Subsection 71(1) of the Act is replaced by the following:
Marginal note:Filing of proposed tariffs
71. (1) Each collective society that carries on the business of collecting royalties referred to in subsection 29.7(2) or (3) or paragraph 31(2)(d) shall file with the Board a proposed tariff, but no other person may file such a tariff.
Marginal note:1997, c. 24, s. 50
56. (1) Subsection 76(2) of the Act is replaced by the following:
Marginal note:Royalties that may be recovered
(2) An owner of copyright who does not authorize a collective society to collect, for that person’s benefit, royalties referred to in subsection 29.7(2) or (3) is, if such royalties are payable during a period when an approved tariff that is applicable to that kind of work or other subject-matter is effective, entitled to be paid those royalties by the collective society that is designated by the Board, of its own motion or on application, subject to the same conditions as those to which a person who has so authorized that collective society is subject.
Marginal note:1997, c. 24, s. 50
(2) Subparagraphs 76(4)(b)(i) and (ii) of the Act are repealed.
Marginal note:1997, c. 24, s. 50
57. Subsection 78(1) of the Act is replaced by the following:
Marginal note:Board may determine compensation
78. (1) Subject to subsection (2), for the purposes of subsections 32.4(2), 32.5(2), 33(2), 33.1(2) and 33.2(2), the Board may, on application by any of the parties referred to in one of those provisions, determine the amount of the compensation referred to in that provision that the Board considers reasonable, having regard to all the circumstances, including any judgment of a court in an action between the parties for the enforcement of a right mentioned in subsection 32.4(3) or 32.5(3).
Marginal note:1997, c. 24, s. 50.
58. Section 92 of the Act is replaced by the following:
Marginal note:Review of Act
92. Five years after the day on which this section comes into force and at the end of each subsequent period of five years, a committee of the Senate, of the House of Commons or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act.
TRANSITIONAL PROVISIONS
Marginal note:No revival of copyright in photograph
59. (1) The repeal of section 10 of the Copyright Act by section 6 does not have the effect of reviving copyright in any photograph in which, on the coming into force of that section 6, copyright had expired.
Marginal note:Cases where corporations were deemed to be authors
(2) In any case in which, immediately before the coming into force of section 6, a corporation is deemed, by virtue of subsection 10(2) of the Copyright Act as it read before the coming into force of that section 6, to be the author of a photograph in which copyright subsists at that time, the copyright in that photograph continues to subsist for the term determined in accordance with sections 6, 6.1, 6.2, 9, 11.1 or 12 of the Copyright Act as if its author were the individual who would have been considered the author of the photograph apart from that subsection 10(2).
Marginal note:Cases where individuals were deemed to be authors
(3) In any case in which an individual is deemed to be the author of a photograph, by virtue of subsection 10(2) of the Copyright Act as it read before the coming into force of section 6, the individual continues, after the coming into force of that section 6, to be the author of that photograph for the purposes of the Copyright Act.
Marginal note:Engraving, photograph or portrait
60. Subsection 13(2) of the Copyright Act, as it read immediately before the coming into force of section 7, continues to apply with respect to any engraving, photograph or portrait the plate or original of which was commissioned before the coming into force of that section 7.
Marginal note:No revival of copyright
61. Subsections 23(1) to (2) of the Copyright Act, as enacted by section 17, do not have the effect of reviving the copyright, or a right to remuneration, in any performer’s performance or sound recording in which the copyright or the right to remuneration had expired on the coming into force of those subsections.
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